Safety is our primary concern… although it is our last tab. But here goes:
• The cars are equipped with a foot-operated brake which can stop the car in less than 5 feet at the speeds the cars go (approx. 10 mph max)
• All drivers must wear bicycle helmets or equivalent
• The race will have volunteers up and down the course to monitor races
• In the race history we had over 300 laps down the course with zero incidents
• Racers must be between six and twelve years old.
• We take every precaution to make sure no one gets hurt, but we need to say it so here is some stuff we think we need to add in:
WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT. PLEASE READ CAREFULLY. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
1. I understand that participating in a go cart event could be dangerous I understand that each person participating in the Activity is a “Participant” and that I am signing this on my own behalf and, if a Participant is under the age of 18, I am signing as the minor Participant’s parent or legal guardian.
2. I EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH THE ACTIVITY. I understand that risks associated with the Activity include, but are not limited to: the negligence of other participants and instructors; equipment malfunction, including unexpected loss of braking or handling; collisions; varying weather and surface conditions; slick or uneven surface conditions; variations in slope and terrain; rocks, loose gravel, dirt and paved surfaces; holes and potholes; debris; marked and unmarked obstacles.
3. I acknowledge that: (a) Participant has been informed of and understands all rules and regulations of participation in the Activity; (b) Participant is responsible for understanding and complying with all signage. If my child is participating, I also acknowledge that: (f) I have spoken to my child about the Activity; (g) my child understands and appreciates the risks of participating in the Activity; and (h) my child is voluntarily participating in the Activity.
4. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition. I authorize a licensed physician and/or other medical care provider to carry out any emergency medical care for Participant when deemed necessary and agrees to be fully responsible for any associated costs.
5. I agree that ANY AND ALL CLAIMS FOR LOSS, INJURY AND/OR DEATH REGARDING AN ALLEGED INCIDENT SHALL BE GOVERNED BY THE LAW OF THE STATE WHERE THE ALLEGED INCIDENT OCCURRED AND EXCLUSIVE JURISDICTION SHALL BE IN THE STATE or federal court sitting in the district where the alleged incident occurred (except that all claims arising at Heavenly shall be governed by California law and exclusive jurisdiction shall be in a California court of competent jurisdiction).
6. If Participant is under the age of 18, I represent that I am the minor Participant’s parent or legal guardian and I VOLUNTARILY GRANT PERMISSION FOR THE MINOR TO TAKE PART IN THE ACTIVITY. I acknowledge that I am also signing this release on behalf of the minor Participant and that THE MINOR PARTICIPANT SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE. By signing this agreement without a parent or guardian’s signature, I represent that I am at least 18 years of age. I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, ARISING FROM ANY MISREPRESENTATIONS IN OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
7. USE OF A HELMET IS STRONGLY REQUIRED. I understand that a helmet IS IN NO WAY A GUARANTEE OF SAFETY and that no helmet can protect the wearer against all foreseeable impacts to the head, and that biking and other related activities can expose the user to forces that exceed the limits of protection provided by a helmet.